The Appellant having been aggrieved by the decision of the District Court filed this appeal on the ground that it was wrong for the trial magistrate to allow the Respondent to re-open his case without considering the objection raised and the conduct of the Respondent in the prosecution of his case. Turning to the preliminary objections, Counsel for the Appellant pointed out that the trial court was not properly moved for non-citation of the enabling provision and that the application was incompetent having been filed hopelessly out of time.